Vero Beach businessman accused of importing fish, wildlife into U.S.

FORT PIERCE — Federal agents in June inspecting vessels at the Stan Blum boat ramp in Fort Pierce came across a huge haul on the Sea Mor that’s now evidence in a misdemeanor criminal case.

The seized catch — 338 queen conchs, 140 pounds of snapper and grouper fillets, along with 31 stone crabs and 11 spiny lobsters — discovered as the 34-foot Contender returned from a trip to the Bahamas, led federal prosecutors to accuse the boat’s owner in federal information filed Aug. 20 of importing illegally possessed wildlife.

Toby J. Lamm, 46, of the 900 block of Ruby Avenue Southwest, Vero Beach, who appeared Thursday for an arraignment hearing at the Fort Pierce federal courthouse, faces one count of violating the Lacy Act, which governs the importing and exporting of fish and wildlife into the United States.

He entered a plea of not guilty before U.S. Magistrate Frank J. Lynch Jr., who ordered him released on a $25,000 personal surety bond.

Lynch also was told by a federal prosecutor and Lamm’s Vero Beach attorney Andrew Metcalf that the charge is expected to be resolved by way of a negotiated plea settlement.

After court, Metcalf declined to elaborate about Lamm’s arrest, but he acknowledged it occurred as he and friends were returning from a Bahamas fishing vacation.

“It was a pleasure trip, and no allegations have been made that any of the specimens brought back were for commercial purposes,” he said. “A good old boy, doing some fishing.”

Court records show the case was investigated by U.S. National Oceanic and Atmospheric Administration Special Agent Ron Messa Jr., who also attended Thursday’s hearing.

Messa said Lamm’s boat on June 23 drew the attention of Customs and Border Protection agents as they conducted vessel checks at the Fort Pierce boat ramp on North Causeway Drive.

“A check of the vessel revealed the marine resources that were onboard,” Messa noted in an email to Scripps Treasure Coast Newspapers.

He said Customs and Border Protection agents then called the Florida Fish and Wildlife Conservation Commission, which in turn contacted agents with NOAA. Lamm was permitted to keep 60 pounds of fish fillets, which Messa said the law allowed.

And he said given the proximity of Florida to the Bahamas, these types of cases “occur often.”

“The specimens are maintained in evidence until a final disposition is reached in the case,” he noted. “If Mr. Lamm is found not guilty, they will be returned. If Mr. Lamm is convicted, the government will seek final forfeiture of specimens.”

If the specimens are forfeited to the government, added Messa, “they are typically donated to a wildlife rehabilitation facility for use in the care of injured animals.”

Lamm, if convicted, faces a maximum punishment of a year in prison, a year of supervised release and up to a $10,000 fine.

Metcalf said his client is cooperating with the government to resolve the case.

“The government takes all these cases seriously,” Metcalf said, “but at this point, I have no reason to believe it won’t end in a negotiated plea.”